do I have to testify

[bonha]

What is the name of your state? Ohio

My friend was driving us to her home in Kentucky---we both had been drinking.

Anyway she wrecked her car and police show up a few minutes later, we were both out of the car surveying the damage.

Anyway they asked who was driving and I said she was---she was pretty drunk and they let me go

Anyway, I know her lawyer is trying to get her case pleaded down because there is no proof she was driving or that the car was operational

The state of kentucky has subpoened me to be a witness against her. I live in Ohio, do I have to comply.

If I do have to comply, then what if I have no recollection of the evening---I don't want to be dishonest, but I don't want to hurt her either

What do you recommend

[Curt581]

I recommend that you comply with the subpoena, and that you tell the truth when you're asked to give testimony.

To do any else is violating the law.

Failing to appear for a subpoena could result in the Court issuing a warrant for your arrest.

Lying under oath is called perjury. A felony in most every jurisdiction I'm aware of.

[CdwJava]

Originally Posted by bonha

My friend was driving us to her home in Kentucky---we both had been drinking.

Bad news.

Anyway she wrecked her car and police show up a few minutes later, we were both out of the car surveying the damage.

I'm sure that was productive.

Anyway they asked who was driving and I said she was---she was pretty drunk and they let me go

Lucky you.

Anyway, I know her lawyer is trying to get her case pleaded down because there is no proof she was driving or that the car was operational

Sure there was ... YOUR statement was proof she was driving the car. And the fact that the car CRASHED showed that it had been operational before she whacked something. Fortunately she didn't whack a car containing a family of four ... care for me to describe the results of the last one of those I saw??

The state of kentucky has subpoened me to be a witness against her. I live in Ohio, do I have to comply.

You do if you don't want to have an arrest warrant issued for YOU. It can be mighty inconvenient to be picked up and shipped to another state.

If I do have to comply, then what if I have no recollection of the evening---I don't want to be dishonest, but I don't want to hurt her either

They won't believe you. If you suddenly have "amnesia" about the night in question, my guess is that they will hold you in contempt of court.

Your friend created the problem and now she has to deal with it. It's called being a grown up and owning up to one's responsibilities.

Once again, thank God that THIS TIME nobody was hurt ... what about next time?

- Carl

[BigMistakeFl]

You have already testified to the cops that she was the driver. That is evidence right now in the case against her. You should explain this to her lawyer and to her, that you have no choice now. You must testify, and perhaps her lawyer can prepare accordingly. If she has a decent plea option "on the table" right now with minimum penalties, she should take it.